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Michael Gerity

Michael Gerity

Estate Planning, Business and Bankruptcy Pros
  • Estate Planning, Business Law, Bankruptcy ...
  • Arizona, Colorado, U.S. Patent and Trademark Office
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Summary

Michael Gerity is a distinguished attorney in Arizona who brings a wealth of experience to every case. Whether representing a client with a commercial or intellectual property dispute, or providing legal advice for a business entrepreneur, Mr. Gerity is an aggressive and reliable lawyer who knows how to get the results clients need. He is AV Preeminent Peer Review Rated by Martindale-Hubbell in recognition of his high ethical standards and professional ability and has been selected by the American Institute of Legal Counsel for its 10 Best in Arizona list in client satisfaction for 2016 in the Litigation, Lawsuits & Disputes Division. His law firm has also been selected for inclusion in the Law Firm 500 as one of the top 100 fastest growing firms in the entire country.

Mr. Gerity has been admitted to practice law in Arizona State and Federal courts since graduating from the Arizona State University College of Law in 1994. He also is admitted to practice law in Colorado and before the United States Patent and Trademark office.

Prior to forming Israel & Gerity, PLLC, Mr. Gerity clerked for the Chief Judge of the Arizona Court of Appeals, served as a deputy public defender, where he received extensive trial experience, and worked for several years at a large civil litigation law firm in Phoenix. He then formed his own firm, and also served as Of Counsel to a prestigious boutique commercial litigation firm. In law school, Mr. Gerity was an Associate Note and Comment Editor for the Arizona State Law Journal, received honors in legal research and writing, and was awarded Best Appellate Brief. Mr. Gerity received his Bachelor of Science degree from Colorado State University in 1990.

Mr. Gerity has taught classes and given presentations on a wide variety of topics. Mr. Gerity’s practice areas include business formation and representation, bankruptcy, estate planning and trusts, general civil litigation and commercial litigation, and intellectual property.

Practice Areas
  • Estate Planning
  • Business Law
  • Bankruptcy
  • Intellectual Property
  • Trademarks
  • Probate
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Arizona
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Colorado
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U.S. Patent and Trademark Office
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Federal Circuit
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Languages
  • English: Spoken, Written
  • Spanish: Written
Professional Experience
Owner
Estate Planning, Business and Bankruptcy Pros
- Current
Managing Partner
Israel & Gerity, PLLC
- Current
Owner
Law Offices of Michael Gerity, PC
- Current
Of Counsel
Meyer, Hendricks & Bivens, PC
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Associate
Jones, Skelton & Hochuli, PLC
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Deputy Public Defender
Maricopa County Public Defender's Office
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Clerk
Judge Thomas C. Kleinschmidt, Arizona Court of Appeals
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Legal Clerk
Honeywell
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Legal Clerk
Arizona Attorney General’s Office
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Education
Arizona State University
J.D. (1994) | Law
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Honors: Arizona State Law Journal Associate Note and Comment Editor; Best Appellate Brief, First Year Moot Court Competition; Honors, Legal Research and Writing; East Valley Bar Association Scholarship Recipient
Activities: Assistant Project Director, Homeless Legal Assistance Project; Treasurer, Student Bar Association; Student Fellow, Center for Law, Science and Technology
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Colorado State University
B.S. (1990) | Biology, anatomy, psychology
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Honors: Dean’s List; Colorado State University Honor’s Program; Elf-Aquitaine Academic Scholarship
Activities: Raptor Program (reintegrating injured birds of prey)
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Awards
AV Preeminent Peer Rating
Martindale-Hubbell
Peer rated for highest level of professional excellence; 5.0 out of 5.0 rating.
10.0 Rating - Superb
Avvo
2016 Honoree - Fastest Growing Law Firms
Law Firm 500
Named as one of the 100 fastest growing law firms in America
10 Best Client Satisfaction - Litigation, Lawsuits & Disputes Division
American Institute of Legal Counsel
Professional Associations
National Association of Consumer Bankruptcy Counsel
Member
- Current
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Arizona Consumer Bankruptcy Counsel
Member
- Current
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American Bar Association
Member
- Current
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Colorado State Bar  # 29202
Licensed Attorney
- Current
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U.S. Patent and Trademark Office  # 41776
Licensed Attorney
- Current
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Arizona State Bar  # 015750
Licensed Attorney
- Current
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Speaking Engagements
The America Invents Act: Changes to the US Patent Laws and an Overview of Intellectual Property Law , First Friday Connect CLE Group , Scottsdale, AZ
First Friday Connect CLE Group
Basic Collection Practice , First Friday Connect CLE Group , Phoenix, AZ
First Friday Connect CLE Group
Certifications
Emergency Medical Technician
Arizona Department of health Services
Websites & Blogs
Website
Estate Planning, Bankruptcy and Business Pros
Website
TrademarkIt
Legal Answers
115 Questions Answered

Q. Copyright Lawsuit - ESI
A: Well, this isn't really a copyright question, but an evidentiary question. The failure to preserve or produce relevant evidence in a civil case can have consequences to the party who failed to preserve/produce. The legal concept is called spoliation. You should research that topic to address in any motion that you file. Take a look at the Arizona Rules of Civil Procedure, Rules 37, 45.2, and 26(b). However, it sounds like your case is getting pretty far "into the weeds," and may be headed for trial. I find it really hard to recommend any party to take a case to trial without counsel, and similarly, if the case is destined to go to trial, it's hard to recommend that you not seek the help of an attorney now. Mistakes made now can really cost you later on at trial, when it's too late for an attorney to fix them.
Q. Can I use the name “Lakers” on purple t-shirts?
A: This is a trademark issue, and the Lakers franchise has well-established trademarks on the Lakers name for use with clothing and other sporting goods. The question when analyzing trademark infringement is whether or not there is a reasonable likelihood of confusion as to the source of the goods in question. It should be pretty clear that a possible buyer for a tee-shirt would might think that a purple shirt bearing the word "Lakers" was produced by the actual franchise, and not by you, so infringement is clear. In fact, even if you argue that you don't use the logo and you make it clear that you aren't affiliated with the actual Lakers, they would likely have a separate trademark dilution claim.
Q. I would like if I didn't infringe any trademark right and I get suit, what can I do?
A: Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss) before the deadline. Just as some examples of important issues, if you are based in Hong Kong, I'm wondering how they established jurisdiction against you in the US. Did they serve you with the Complaint? How? Also, if you have never produced the products, what is the basis for the claim. If there is already an Order, which was used to get your PayPal account suspended, it sounds like you might have already missed the deadline to respond. You really should find an attorney admitted in Illinois to help sort all of this out for you.
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Contact & Map
202 East Earll Drive Suite 440
Phoenix, AZ 85012
Telephone: (602) 274-4400
Fax: (602) 274-4401
Monday: 9 AM - 4:30 PM
Tuesday: 9 AM - 4:30 PM
Wednesday: 9 AM - 4:30 PM (Today)
Thursday: 9 AM - 4:30 PM
Friday: 9 AM - 4:30 PM
Saturday: Closed
Sunday: Closed
Notice: We are maintaining close to normal business hours during these trying times, and are available by phone or video if you would prefer.